Missouri Eviction Law Guide for Landlords

Introduction

As the number of tenants refusing to pay rent is increasing by the day, landlords in St. Louis County and the City of St. Louis are becoming more and more frustrated and losing money on “bad” tenants. These issues cause the investment into rental property to lose its original appeal, and the real estate investment does not perform as initially expected. On top of that struggle, tenants are cavalierly violating lease provisions and property rules, damaging property, and others are entirely disregarding the lease, remaining in the property after the term of the tenancy has ended.

It is no surprise that the eviction dockets are overloaded in the St. Louis Courts. Many landlords refer to all actions to regain possession of property as “evictions,” but pursuant to Missouri law, there are many nuances, and special names for the various evictions.

Each comes with its own elements, sometimes notices are required, as well as a variety of varying procedural steps and rights unique to each of the “evictions.” The remedies under each type of eviction also vary quite a bit.

There are three main statutory chapters that govern evictions. We know it can be overwhelming to try to juggle the challenges of ownership and trying to navigate the eviction process–that’s why we created this article.

Understanding the different types of evictions in Missouri and the statutes that govern each type can help to save landlords significant time and money.

Failing to do so may result in significant frustration and needless expenditures of time/money when a simple tidbit of information could have saved a few months’ worth of rent. For that reason, many landlords keep their focus on the ownership and/or management aspects and hire an attorney to evaluate the situation and determine the appropriate claims to file.

That is typically a wise approach because there is a laundry list of issues, pitfalls or slowdowns that landlords can experience when trying to navigate the eviction process,

Those issues include but are not limited to, serving an improper notice, failing to provide the proper documentation to the server or sheriff, which would cost an additional 30-45 days, or generally misunderstanding the procedural requirements, all of which potentially result in delays, additional costs, and unnecessary frustration.

This guide is designed to provide landlords, investors, and property managers with a comprehensive overview of Missouri eviction law to allow them to better understand the process and if they’re feeling bold, potentially undertake an eviction on their own (so long as the party to the lease (or the owner) is not an LLC, as LLCs must be represented by attorneys in Missouri courts).

Accordingly, the focus of the article is to provide explanations of the basics regarding evictions and to explain how the courts function and process these cases, as well as procedures and warning signs you should be aware of that are commonly encountered in the eviction process in the courts of St. Louis County and the City of St. Louis.

Missouri’s Eviction Statutes: Understanding the Framework

Evictions in Missouri are generally governed by three statutory chapters, as follows:

Chapter 535 – Rent and Possession

Rent and possession actions are generally used when rent is due and unpaid. See §§ 535.010–535.030 R.S.Mo.

Chapter 534 – Unlawful Detainer

Unlawful detainer actions are generally used when a tenant remains in possession after the tenancy has terminated or if a tenant materially breaches the lease agreement. See §§ 534.010–534.030 R.S.Mo.

The distinction between Chapters 534 and 535 is among the most misunderstood concepts in Missouri landlord-tenant law, but each chapter is comprised of its own unique rules that are often not applicable to cases governed by the other chapter.

Notice in Unlawful Detainer

Typically when providing notice in an unlawful detainer case, the landlord must provide 30 days notice, which does not start ticking until the first of the next month. That means if the notice is provide on February 16 to vacate within 30 days, the tenant would have until the end of March to vacate the property because the notice does not take effect until March 1^st. In other instances such as breach of a material provision of the lease, the notice requirement may be different. Additionally the language in the lease may impose different requirements regarding notice, so the landlord should be cognizant of that potential additional notice requirement.

Notice to Vacate After Tenancy has terminated/term has ended

Typically, when a tenant holds over after the termination of a lease, the landlord does not need to give any specific notice, as the lease itself serves as the notice. However, the exception to this rule is if the landlord collects rent for any new month after the termination of the lease.

This effectively creates a new month-to-month tenancy, which would then require the landlord to give notice in accordance with the unlawful detainer notice requirements (aka 30 days). The 30-day notice does not take effect until the first day of the next month. Thus, if notice is provided, the landlord must wait for the 30-day period to elapse before filing suit, unless there is an outstanding rent balance, then the lawsuit may be filed immediately as a rent and possession action and the unlawful detainer action can be tacked on when that claim becomes ripe.

The Difference Between Rent and Possession and Unlawful Detainer

Rent and possession actions generally arise when rent is due and unpaid.
Unlawful detainer actions generally arise when a tenant remains after termination of the tenancy or when a tenant breaches a material provision in the lease

Chapter 441 – Landlord-Tenant Relationships

Chapter 441 contains numerous provisions relating to landlord-tenant relationships, including notice requirements and termination of certain tenancies. See § 441.060 R.S.Mo.

Information regarding Month-to-Month Tenancies in Missouri

Missouri law recognizes month-to-month tenancies. Specifically, § 441.060 R.S.Mo. describes a month-to-month tenancy as a tenancy at will or by sufferance and states the following: “A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month’s notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.” R.S.Mo. § 441.060 (1997).

St. Louis County Eviction Procedures

1. Evictions in St. Louis County start with the filing of a petition.

2. After the petition is filed, the court clerk processes the petition and issues a summons, which essentially has the power of the court to obtain personal jurisdiction over the tenant (or in rem jurisdiction over the property in question). When the clerk issues the summons, they typically provide a court date approximately 30 days from the date of the summons.

3. The summons and petition are then sent to a special process server or sheriff’s deputy to be served on the tenant or posted on the door of the subject property.

4. Once the defendant is served with the summons and petition, the court gains personal jurisdiction over the defendant and can then render a money judgment against the defendant. As part of getting served, the defendant/tenant is required to appear in court on the date set forth on the summons.

5. On the initial appearance/court date, the tenant is required to appear in court, and the court either sets it for trial, the parties work out a payment agreement (often reduced to a consent judgment), or the case gets continued (this third option is not advised when possession is at issues because it prolongs the eviction process; it usually only occurs when damages are the only thing at issue and possession of the property has been returned to the landlord).

6. If the tenant fails to appear for the initial appearance, the landlord requests a default judgment (for money and possession if personal service or for possession only if service was by posting).

7. After the judgment is entered, there is a 10 day waiting period for the tenant to appeal the judgment.

8. Once the 10 days elapses, the landlord can request an execution for possession of premises or what we typically call a writ (of possession).

9. Once the landlord requests the writ, the court clerk issues a document instructing the sheriff to carry out the physical set out of the tenant.

10. The writ is sent to the sheriff’s office, and the sheriff’s office coordinates with the landlord to choose a day to meet at the property for the set out. The sheriff usually posts a notice on the door of the tenant several days in advance notifying them of the scheduled date for the set out, so the tenant can already be moved out or be prepared to have all of their belongings moved out of the property prior to the set out date/time.

11. For any monetary judgments that remain unpaid, the collections phase is the next step. Some evictions attorneys continue pursuing collections against the defendants, but others advise the landlords to retain a collections specialist to assist with such efforts.

City of St. Louis Eviction Procedures

The eviction procedure in the City of St. Louis is largely the same as St. Louis County. It should be noted that the eviction dockets are quite a bit more packed in the City, due to a higher volume of evictions, so judge availability is not as common. That means that court dates or trials may be set on dates a little further out, which sometimes can cause additional time to be added to the eviction process. 

Best Practices for Landlords and Property Managers in Eviction Trials
As a best practice, Landlords should be mindful of maintaining an organized file relating to the lease and tenancy in general, which may, and usually does, include: leases, notices, ledgers, photographs, and witness/tenant information. Documentation can be critical to proving the elements of the case. Maintenance records, inspection reports, move-in/move-out checklists, photos, and communications are some of the most critical evidence in an eviction trial.

While eviction trials are generally short in timeframe, in some instances the case necessitates an in-depth presentation of the evidence to prove facts surrounding the case. The strongest cases usually involve meticulous recordkeeping as more specifically described above.

Landlords seeking to exercise best practices should maintain the following documentation:

Lease Agreements

Written leases remain one of the most important exhibits as they establish the relationship between the landlord and the tenant, the rent amount, the term, the ability to recover late fees, attorney’s fees and sometimes even include waivers of jury trials. These are all information that the court wants to know in order to proceed with a rent and possession (and generally in any eviction) case.

Rent Ledgers

In order to prove that a tenant has not paid fully and timely, it is important to maintain an accurate accounting of payments received and rent accrued during the tenant’s rent period. It is also critical to maintain a detailed/itemized ledger, as the judgments in eviction cases require that the damages amounts be itemized into rent, utilities, late fees, attorney’s fees, court costs, etc. pursuant to Missouri statute.

Notices

Given that notice is a required element in some eviction cases, it is important to maintain documentation relating to every notice. Additionally, in month-to-month tenancies, the landlord has the right to raise the rent. However, if the landlord raises the rent but does not keep the notice, the landlord may be in trouble trying to prove the amount of rent actually due, as verbal testimony is admissible but certainly not the most compelling evidence when trying to prove an increase in rent.

Photographs

A picture is worth a thousand words is a powerful and commonly used phrase, and in eviction trials, this same theory oftentimes holds true and can carry the day. If a landlord is pursuing a tenant for damage to the property, the move-in vs. move-out photos are critical.

If the tenant wants to show that the property was not in a habitable condition, then photos presented by the tenant can be quite compelling if the situation is abhorrent. Move-in photos can be great rebuttal evidence, as the landlord can then point to the tenant as the culprit for creating such putrid condition. In any case, photographs are incredibly powerful evidence, and landlords should recognize this fact and act accordingly.

Communications/Work Orders

Typically landlords for residential properties have a duty to provide a habitable premises pursuant to the warranty of habitability. When tenants start getting behind in rent, the first line of defense is to blame the landlord for not fixing something on the property or allowing the property to be uninhabitable. Judges who lean right and left are aware of that natural defense mechanism, but when evidence is scarce, or there is only one or two photos showing a nasty looking house, the judge will throw the tenant a bone and abate rent (the amount is typically dependent upon how bad the premises are, aggravating circumstances, i.e., did the heat go out in the winter, did the hot water heater stop working for a month).

So, the only way to reasonably show that you were attentive to any issues with the property and made reasonable efforts to rectify any issues is through the presentation of communications reflecting such responses as well as work orders.

Emotional Decision-Making

Many landlords make costly mistakes due to decisions that are emotionally charged or driven by frustration rather than strategy or economically-forward thinking. A grounded, disciplined approach generally produces better outcomes. That is one of the reasons lawyers are sometimes best suited to handle the cases, as their job is to provide an objective outlook and advise the client to pursue such path.

Common Tenant Defenses

While landlords usually have the upper hand in eviction proceedings, tenants do have some defenses that can be asserted. The most common defenses are the following:

1. Payment

Payment is typically an affirmative defense where the tenant asserts that all or a portion of the rent, fees, or other sums allegedly owed have been paid. Essentially, the tenant is denying that any rent remains unpaid.

In the landlord-tenant context, this defense commonly arises where: (a) the tenant made payment but the landlord failed to properly credit the payment; (b) the landlord accepted partial payments but failed to account for them in the ledger; (c) the landlord applied payments to other fees or charges in the lease rather than the rent, or (d) the amount claimed includes charges not authorized by the lease or Missouri law.

2. Improper notice

Improper notice can be a defense but it is typically a part of the landlord’s prima facie case.  Certain notice requirements are imposed pursuant to lease agreements (depending on the lease), applicable Missouri statutes, federal regulations (when dealing with section 8), subsidized housing requirements, or other governing authority and may be fatal to the landlord’s lawsuit.

Some of the defenses fall along the lines of a defendant asserting that (a) the notice was not served in the manner required by the lease (i.e., must be mailed certified vs. regular mail, or must be hand delivered vs. posted, etc.), the notice failed to provide the amount allegedly due or the actual date that the tenant must vacate with sufficient specificity, (c) the notice failed to provide the statutorily required cure period or some other defense a clever tenant comes up with to try to defend the eviction.

3. Improper service

One of the defenses that tenants seem to assert quite a bit unsuccessfully is that improper service was effectuated. This almost always fails because the tenant has to enter into court to assert this defense. Once the tenant enters into court to assert the defense, the tenant has subjected himself/herself to personal jurisdiction by consent, as they have actively engaged in the case. Defendant affirmatively states that Plaintiff failed to obtain proper service of process as required by Missouri law.

Sometimes the tenant can assert that the service was made at the improper address on the rare occasion that the process server posted the summons on the wrong door. However, by entering into court to lodge their objection, the tenant submits to personal service, now making a money judgment against them a possibility. Thus, the argument relating to improper service is usually futile for the defendant.

4. Waiver

A waiver defense can take many forms. In some instances the tenant will state that the landlord waived late fees for the past 4 months, so they have effectively waived them throughout the entirety of the tenancy. However, many of the modern day leases that we see have a waiver provision that states that even if the landlord waives its rights that does not effectuate a waiver of any future rights or other rights under the lease or regarding the tenancy

5. Uninhabitable premises/no certificate of occupancy

The defense relating to warranty of habitability is probably the most common defense observed during eviction trials. This is not a defense to an unlawful detainer action, but it can be asserted in a rent and possession action to potentially abate rent or prove that no rent is owed if the court decides that the premises were not fit for habitation. Also, if the landlord does not have a certificate of occupancy, defendant’s lawyers will argue that rent cannot accrue, as the warranty of habitability has not been satisfied and such warranty is imposed on all residential tenancies.

Some examples of warranty of habitability issues include:

• Lack of heat, water, electricity, or sewer service.
• Serious plumbing defects or backups of sewage.
• Structural defects.
• Mold or water intrusion.
• Dangerous electrical conditions.
• Failure to comply with local occupancy requirements.

The tenant or his/her counsel will assert that Plaintiff’s recovery of rent should be barred, reduced, or offset due to the landlord failing to deliver the premises as promised and required by Missouri law. Judges will treat this as a serious defense, so landlords should implement best practices to ensure that photos are taken and work orders are promptly carried out.

Typical Evidence Needed to Win an Eviction Case

Best practices for landlords are set forth above, but typically we advise our landlord clients to be prepared to discuss and present the following during an eviction case, depending on whether it is a rent and possession action or unlawful detainer:

1. Lease agreements
2. Rent ledgers
3. Notices
4. Photographs
5. Communications
6. Witnesses

Frequently Asked Questions

How long does an eviction take?

The amount of time it takes to carry out an eviction varies from county to county in Missouri. However, in St. Louis County and St. Louis City, the typical timeframe ranges from 55-105 days, depending on how full the court’s docket is, how

Who can be a witness in an eviction trial?

Virtually anyone with personal knowledge that is relevant to the case can serve as a witness at an eviction trial. Typically we call any or all of the following witnesses to provide testimony: property managers, maintenance personnel, leasing agents, owners, and neighbors of the tenant.

Can I change the locks?

Not without an official order from the Court granting possession, or if the tenant abandons the property after proper notice and posting of the abandonment notice has been effectuated pursuant to section 441.065, R.S.Mo.

Do I need a written lease?

No, oral leases are enforceable, so long as they are for less than a year. Although it should be noted that written leases are recommended, as they set forth the terms and give landlords the ability to recover late fees, attorney’s fees, and should include a waiver of jury trial provision to ensure that the matter is expedited.

Can I recover unpaid rent?

You can recover unpaid rent if you get personal service on the tenant/defendant. Personal service gives the court in personam jurisdiction over the defendant, which grants the court the power to enter a monetary judgment. If service is obtained by posting, the court only has in rem jurisdiction (jurisdiction over the “thing” aka the property), so the court only has the power to enter a judgment awarding possession of the property at issue.

Who can bring an eviction action for rent and possession?

“In the landlord-tenant context, only three types of plaintiffs can bring a suit for rent: (1) the landlord; (2) his agent in a representative capacity on behalf of the landlord; or (3) under the rent and possession statute, an agent who acts for an undisclosed principal, and is thus personally liable under the lease.” Kavanaugh v. Ealy, 364 S.W.3d 759, 764 (Mo. App. 2012)(citing Section 535.020; McLendon v. Leighty, 320 S.W.2d 735, 736 (Mo.App.1959); K.O. Real Estate, LLC v. O’Toole, 291 S.W.3d 780, 791 (Mo.App. E.D.2009)).

What happens if the tenant disappears?

If a tenant disappears, the landlord can still recover possession by having a process server or sheriff post the petition and summons on the door of the subject property. The landlord should then discuss with his/her attorney to formulate a cost-benefit analysis as to whether it makes sense to try to track down the tenant to get them personally served to obtain a money judgment or whether such pursuit would essentially amount to throwing good money at bad.

A vast majority of our landlords recognize the sad reality that most tenants who disappear do not have jobs/assets, or are insolvent and many of the landlords decide to obtain possession and move forward without spending time trying to track down the absconded tenant.

Can a tenant stop an eviction by paying rent?

Sometimes. The answer depends upon the type of action and procedural posture. In a rent and possession action, there is a statute that is sometimes colloquially referred to as the “pay and stay statute.” Section 535.160, R.S.Mo. states that when past-due rent and costs have been tendered, a rent and possession case must be ceased and stayed. If full rent and costs are tendered in a rent and possession action, the tenant is typically permitted to stay pursuant to Missouri law.

The applicable statute, section 535.160, R.S.Mo., specifically states:

If the defendant, on the date any money judgment is given in any action pursuant to this chapter, either tenders to the landlord, or brings into the court where the suit is pending, all the rent then in arrears, and all the costs, further proceedings in the action shall cease and be stayed.  If on any date after the date of any original trial, but before the judgment becomes final, the defendant shall satisfy such money judgment and pay all costs, any execution for possession of the subject premises shall cease and be stayed; except that the landlord shall not thereby be precluded from making application for appeal from such money judgment. R.S.Mo. ¶ 535.160

What if the tenant files bankruptcy?

Bankruptcy may affect possession and collection efforts.

What if the tenant damages the property?

The landlord should document the damage thoroughly with photos and have a third party inspect (usually a repair contractor) to ensure that a non-biased witness will be able to testify as to the damages.

Can I recover attorney fees?

The answer often depends upon the claim filed and whether a provision is included in the lease permitting the party to collect attorney’s fees. Typically, in an unlawful detainer action where the tenant is holding over, Missouri statute provides for recovery of double rent. Given that harsh penalty, Missouri courts typically do not permit a landlord to recover attorney’s fees in an unlawful detainer action. In rent and possession actions the Court typically awards attorney’s fees if they are provided for in the lease, unless there are unusual circumstances or if the judge is a very tenant-friendly judge.

Can I evict a roommate not listed on the lease?

This is a factually heavy analysis, but the answer is typically yes, through an ejectment action. If the tenant is on a lease, then there must be some basis by way of failure to pay rent or breach of a material term of the lease or commission of a crime that rises to a level warranting an eviction. 

What if the tenant changes the locks?

Landlords are always advised to bring a locksmith to the eviction set out to ensure that they can gain entry to the property. After the landlord gains entry, it is well-advised to change all the locks on the property to ensure that the tenant cannot regain entry with a spare key at a later date.

What if there are unauthorized occupants?

Any suspicion that an unauthorized occupant is residing in the property necessitates thorough investigation to determine the veracity of such suspicions. The typical step would be to notify the authorized tenant about the unauthorized guest and require them to submit to a background/credit check or other vetting process if the landlord wants to add them to the lease, or notify them of the breach and the requirement to cure such breach immediately or an eviction action will ensue expeditiously.

Can I recover future rent?

The general rule is that typically rent stops once the landlord takes back possession of the property and is able to rent the property out to another tenant. Commercial and residential cases vary with respect to the landlord’s duty to mitigate future rent damages with residential implying that the landlord is to make reasonable efforts to re-let the property but language in the lease can also impose this duty on a commercial landlord.

What if the tenant files counterclaims?

Tenants are not permitted to file counterclaims or assert defenses in an unlawful detainer action. If a tenant files a counterclaim in a rent and possession action, be prepared with ample documentation and have the witness be able to rebut or disprove any and all of the counterclaims. The judges are aware that many tenants bring counterclaims as a last resort self-defense mechanism and most of the counterclaims are treated as such.

Do I need witnesses?

Once the case makes it to trial, yes. You will need at least one witness to put on the lease and ledger or to introduce the notice that was provided if it is an unlawful detainer eviction case. Typically the cases only have one witness, but when there are questions as to whether repairs were made, condition of the property, or abnormal behavior by the tenant, additional witnesses may be necessary to establish the facts of the case.

Can I represent my LLC?

Only if you are a lawyer. Missouri law requires LLCs to be represented by a licensed attorney. Thus, any landlord that is an LLC will need to have counsel to pursue the eviction.

What if service cannot be obtained?

It is not uncommon for tenants with rent arrearages to refuse to answer the door. This happens quite often. However, landlord attorneys experienced with process advise their process server to post on the door after 3-5 attempts at obtaining personal service. That allows the landlord to obtain possession without further delaying the case. The attorney can then request that the court bifurcate the damages portion of the case and additional attempts can later be made to obtain personal service on the tenant. Although in regular practice, many landlords simply take possession back and move onto other matters.   

Can I recover property damage?

Typically yes, but the petition would have to be amended to seek property damage if the landlord is unaware of the property damage at the outset of the eviction case. In these instances, the move-in/move-out form and photos as well as repair estimates become incredibly helpful in proving the damages in the case.

Should I hire an eviction attorney?

While evictions seem like a pretty straightforward process, there are a number of different procedural and time-sensitive matters that can cause an unwary landlord to miss the boat, which may give the tenant more (free) time staying in the property. One month of rent is oftentimes more expensive than what it would cost for an attorney to carry out an eviction. Thus, most landlords believe that it makes the most financial sense to simply outsource the legal process to an eviction attorney and keep their focus on managing their portfolio. This is generally a logical approach because of some of the procedural complexities, if missed, can cause costly delays as noted above.

Trial De Novo Proceedings

One of the most misunderstood aspects of Missouri landlord-tenant litigation is the trial de novo process.

In certain cases, a party may seek a new trial in the circuit court following an associate circuit court judgment.

Why Trial De Novo Matters

A trial de novo is essentially an opportunity for a losing party to take a mulligan and get a new trial before a new judge.

Many landlords mistakenly believe that a favorable judgment immediately ends the dispute. However, pursuant to section 512.180, R.S.Mo., parties who receive an unfavorable judgment in an associate circuit case can request a trial de novo.

The operative language under the applicable rule, section 512.180, is the following:

Any person aggrieved by a judgment in a civil case tried without a jury before an associate circuit judge, other than an associate circuit judge sitting in the probate division or who has been assigned to hear the case on the record under procedures applicable before circuit judges, shall have the right of a trial de novo in all cases tried before municipal court or under the provisions of chapter 482 or 535.

How long does a party have to file an application for trial de novo?

The application for trial de novo must be filed within 10 days after the associate circuit court’s judgment is entered. The time to file a trial de novo is governed by section 512.190, R.S.Mo., and states the following, in relevant part: “The right of trial de novo provided in subsection 1 of section 512.180 shall be perfected by filing an application for trial de novo with the clerk serving the associate circuit judge within ten days after the judgment is rendered.” R.S.Mo. § 512.190 (1987).

Can a landlord evict a tenant while waiting on the results of the trial de novo?

Yes, unless the defendant posts a bond. The applicable language is set forth in section 512.190, R.S.Mo., and states the following: “No application for a trial de novo shall stay execution unless and until the applicant, or some person for him, together with one or more solvent sureties to be approved by the associate circuit judge, within the time prescribed in the first sentence of this section, enter into a recognizance before the associate circuit judge to the adverse party, in a sum sufficient to secure the payment of such judgment and costs, conditioned that the applicant will prosecute his application for trial de novo with due diligence to a decision, and that if on such trial de novo judgment be given against him, he will pay such judgment, and that, if his application for trial de novo be dismissed, he will pay the judgment rendered by the associate circuit judge, together with the costs.” R.S.Mo. § 512.190 (1987).

Consequences of Filing a Trial De Novo

The unfortunate reality is that an application for trial de novo may cause significant delay in the case and obtaining possession of the subject property, but it can also result in additional attorney fees, usually additional court appearances, , and oftentimes delays the ability to collect on the judgment. Obtaining possession is not typically delayed unless a bond is posted, but if the landlord prevails at the trial de novo, then the funds that are paid into the court’s registry or secured by way of surety, the landlord will then have sufficient funds to satisfy the judgment. See R.S.Mo. § 512.190 (1987).

Appeals in Missouri Eviction Cases

Certain landlord-tenant judgments may be appealed after the judgment becomes final. However, appeals are quite rare in eviction cases, are usually filed by pro se defendants, and often result in near immediate dismissal for failure to comply with the procedural requirements of the rigorous appeal process.

Practical Considerations

Appeals often involve:

• Strict deadlines;
• Bond requirements;
• Preservation of error;
• Record preparation.

Tenants are not typically equipped to be able to navigate the appeals process due to the stringent requirements necessary to file an appeal. A common misperception by both landlords and tenants alike is that most misunderstand the purpose of the appellate courts. They generally do not listen to new facts or re-evaluate the facts. The appellate court typically only reviews legal issues.

Writs of Possession

Obtaining a judgment is often only the a near final step in the process of the eviction. Once the judgment is obtained, the landlord must obtain a writ of possession before physical possession is restored, unless the tenant voluntarily vacates after the judgment is entered.

What Is a Writ of Possession?

A writ of possession is an order issued by the court that directs the sheriff’s deputy to carry out the “set out” aka removal of the defendant or essentially instructs the sheriff to kick the tenant out of the property to give possession back to the landlord.

Common Misunderstanding regarding Writs of Possession

One common misconception that we typically encounter with landlords is that they believe that once a judgment is obtained, they are entitled to immediate removal of the tenant. This is true in theory, but in practice, to adhere to the procedural requirements, a landlord’s attorney must typically request the writ to be issued by the court clerk, which then is sent to the sheriff’s office to schedule the set out of the tenant.

Writs of Possession in St. Louis County v. St. Louis City

In St. Louis County, the sheriff’s office typically arranges set outs 10-20 days after receiving the writ, depending on the eviction writ backlog.

In St. Louis City, the timeframe is a little longer (usually 15-25 days), as St. Louis City is inundated with evictions.  

Best Practices to Ensure Writs are Carried Out Efficiently and Effectively

Landlords or their lawyers should take a number of steps to ensure that the writ gets served on the first go around.

Some of the best practices to make that happen include: (a) confirming that the property address on the judgment matches the writ; (b) ensuring that the tenant’s name on the writ matches the name on the judgment; (c) answering the phone when the sheriff’s office calls to schedule the eviction, as they do not like playing phone tag and do not wait around for too long to arrange set outs; (d) coordinating a locksmith to pick the lock in case the tenant changed the locks or if the landlord does not have a key—some landlords also have a locksmith change all the locks to prevent the tenant from re-accessing the property at a later date with a spare key; and (e) securing movers to remove personal property that was left behind after the setout.

Security Deposits

Security deposit disputes frequently give rise to litigation, especially when an eviction is involved. Some of the most common areas relate to property damage, cleaning/replacement expenses (i.e., painting/carpet replacement) v. ordinary wear and tear, and unpaid utilities, among others.

The best practice is to document as best as possible. Litigation often occurs because landlords forget or do not have time to maintain adequate documentation.

Best practices for landlords would be to always have move-in photos and move-out photos, move-in checklist and move-out checklist (with a walk-through with the tenant), inspection reports, when appropriate, repair invoices if the landlord is seeking damages or retaining the entirety of the security deposit, and third party contractor estimates to make for a more credible witness in the event of a trial.

Abandoned Property Issues

Landlords frequently encounter personal property remaining in a unit after possession has been restored. Common Examples include furniture, clothing, electronics, vehicles, and other household goods. Oftentimes landlords inquire as to how to handle items that have been left behind, and the answer depends on the respective municipality.

Risk Management

Retaining personal property can create additional liability but also improper disposal can subject a landlord to liability exposure. For specific questions, you should consult a lawyer to ensure that you do not open yourself up for exposure in the process.

Conclusion

Missouri landlord-tenant law includes numerous statutes (three different chapters—535, 534, and 441) and extends well beyond filing a petition and obtaining a judgment for possession. The sheer amount of statutes can get difficult to navigate, and when trying to deal with a slippery tenant, the process can get exhausting.

This guide was intended to alleviate some of the headaches for landlords and provide a resource to help you through the process. The goal was intended to serve as a comprehensive Missouri eviction resource focused on the practical realities faced by landlords in St. Louis County and the City of St. Louis areas.

If, however, this article has not answered your question, please reach out for clarification or further inquiry.

Contact Gabris Law, LLC

Gabris Law, LLC represents landlords, property managers, investors, and commercial property owners throughout St. Louis County and the City of St. Louis and can answer any questions you may have relating to the landlord-tenant relationship, leases, or general questions about evictions.

Our service offerings include every phase of the eviction process including all of the following:

• Rent and possession actions;
• Unlawful detainer actions;
• Commercial evictions;
• Trial de novo proceedings;
• Appeals;
• Security deposit disputes;
• Collection matters;
• Landlord litigation.

For any questions or assistance with any of the above matters, please call us or feel free to browse the additional landlord resources at our website: stlconstructionlawyer.com.